The Plant Health (EU Exit) Regulations 2019

Regulation 5(7)

SCHEDULE 14 Emergency measures: Pomacea (Perry)

PART A Application and interpretation

1.  This Schedule applies where there is evidence that Pomacea (Perry) is present in a field or watercourse in a relevant UK territory.

2.  In this Schedule—

“the plant pest” means Pomacea (Perry);

“susceptible plants” means any plants, other than seeds intended for planting, that can only grow in water or soil that is permanently saturated in water.

PART B Establishment of a demarcated area

3.  The appropriate UK plant health authority must by notice and without delay demarcate an area in relation to the infestation consisting of—

(a) an infested zone and a buffer zone around the infested zone; and

(b) where two or more buffer zones around the infested zones overlap or are geographically close, an area encompassing those infested zones and buffer zones and the areas between the buffer zones.

4.  The infested zone must include the area in which the plant pest was found to be present.

5.  The buffer zone must only include watercourses and areas that are saturated with fresh water.

6.  The boundary of the buffer zone must be at least 500 m beyond the boundary of the infested zone, but where the infested zone includes part of a watercourse, the buffer zone must be extended to include the stretches of the watercourse which are at least 1,000 m downstream and 500 m upstream of the location of the finding of the plant pest.

7.  The demarcation of an infested zone and buffer zone must be based on sound scientific principles, the biology of the plant pest, the level of infestation, the evidence of establishment of the plant pest, the distribution of susceptible plants and the capacity of the plant pest to spread naturally.

8.  If there is a confirmed finding of the plant pest in a buffer zone, the appropriate UK plant health authority must amend the original demarcated area in accordance with paragraphs 3 to 7 to take account of that finding.

9.  This Part does not apply in so far as any part of the area to be demarcated would be in Scotland.

PART C Measures to be taken in a demarcated area

10.  Where an appropriate UK plant health authority demarcates an area pursuant to paragraph 3, the appropriate UK plant health authority must ensure that all measures that are necessary for the eradication of the plant pest are taken and that a hygiene protocol is produced setting out the hygiene procedures for all agriculture and aquaculture machinery which may come into contact with the plant pest and be capable of spreading it.

11.  Those measures must include—

(a) the removal and destruction of the plant pest; and

(b) intensive monitoring for the presence of the plant pest by inspections twice a year with a specific focus on the buffer zone.

12.  Where appropriate, the appropriate UK plant health authority must ensure that there is an awareness raising programme about the risk of the spread of the plant pest.

PART D Lifting of demarcation

13.  The appropriate UK plant health authority may by notice lift the demarcation that applies to an area which has been demarcated under paragraph 3 if official surveys show that the plant pest has not been found to be present in the demarcated area in the four years prior to the lifting of the demarcation.